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(영문) 의정부지방법원 2014.10.23 2013가합70269
손해배상(기)
Text

1. Defendant B’s KRW 80,095,200 as well as 5% per annum from September 2, 2011 to October 23, 2014.

Reasons

Facts of recognition

From August 27, 2004 to October 5, 2012, Defendant B served as an insurance solicitor belonging to the branch of the Defendant Hanhan Life Insurance Co., Ltd. (the trade name before the above change is Korea Life Insurance Co., Ltd. and the Defendant Co., Ltd.). The Plaintiff entered into an insurance contract with the Defendant Company upon consultation and design with the Defendant B.

From June 30, 2006, the Plaintiff concluded multiple insurance contracts with Defendant B through Defendant B, and was recommended by Defendant B to purchase non-distribution V smart change social integration insurance for Plaintiff’s children on August 29, 2011.

Defendant B explained to the Plaintiff on the same day that there was a monthly payment method and a lump-sum payment method, and also mentioned about the premium discounted by 4%.

On August 30, 2011, through Defendant B, the Plaintiff entered into an insurance contract for non-payment of the amount of KRW 200 million, insurance premium of KRW 1,880,00 (4%) and monthly payment of premium of KRW 1,804,80,00, and the payment period of KRW 5 years, and non-payment of dividends of smart change, which is the Plaintiff and the insured D (hereinafter “instant insurance contract”).

On the same day, the Plaintiff terminated part of the insurance contract already concluded with the Defendant Company, or received KRW 54,836,453 from the Defendant Company by receiving advance payment of insurance proceeds of the existing insurance contract from the Plaintiff’s Nonghyup Account (Account Number E) to the Defendant Company’s account, and transferred KRW 23,005,795 to the Defendant Company’s account, and paid KRW 27 million from the said Nonghyup Account.

In addition, on September 1, 2011, the Plaintiff received KRW 54,107,640 from the Defendant Company to the said Nonghyup account and paid KRW 58,88 million to Defendant B.

On the other hand, from the Plaintiff’s above Nonghyup account to the Defendant Company’s account from September 2012 to December of the same year.

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